Page:United States Statutes at Large Volume 118.djvu/1956

 118 STAT. 1926 PUBLIC LAW 108–375—OCT. 28, 2004 SEC. 577. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES. (a) COMPREHENSIVE POLICY ON PREVENTION AND RESPONSE TO SEXUAL ASSAULTS.—(1) Not later than January 1, 2005, the Sec retary of Defense shall develop a comprehensive policy for the Department of Defense on the prevention of and response to sexual assaults involving members of the Armed Forces. (2) The policy shall be based on the recommendations of the Department of Defense Task Force on Care for Victims of Sexual Assaults and on such other matters as the Secretary considers appropriate. (3) Before developing the comprehensive policy required by paragraph (1), the Secretary of Defense shall develop a definition of sexual assault. The definition so developed shall be used in the comprehensive policy under paragraph (1) and otherwise within the Department of Defense and Coast Guard in matters involving members of the Armed Forces. The definition shall be uniform for all the Armed Forces and shall be developed in consultation with the Secretaries of the military departments and the Secretary of Homeland Security with respect to the Coast Guard. (b) ELEMENTS OF COMPREHENSIVE POLICY.—The comprehensive policy developed under subsection (a) shall, at a minimum, address the following matters: (1) Prevention measures. (2) Education and training on prevention and response. (3) Investigation of complaints by command and law enforcement personnel. (4) Medical treatment of victims. (5) Confidential reporting of incidents. (6) Victim advocacy and intervention. (7) Oversight by commanders of administrative and discipli nary actions in response to substantiated incidents of sexual assault. (8) Disposition of victims of sexual assault, including review by appropriate authority of administrative separation actions involving victims of sexual assault. (9) Disposition of members of the Armed Forces accused of sexual assault. (10) Liaison and collaboration with civilian agencies on the provision of services to victims of sexual assault. (11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault. (c) REPORT ON IMPROVEMENT OF CAPABILITY TO RESPOND TO SEXUAL ASSAULTS.—Not later than March 1, 2005, the Secretary of Defense shall submit to Congress a proposal for such legislation as the Secretary considers necessary to enhance the capability of the Department of Defense to address matters relating to sexual assaults involving members of the Armed Forces. (d) APPLICATION OF COMPREHENSIVE POLICY TO MILITARY DEPARTMENTS.—The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsection (a) is implemented uniformly by the military departments. (e) POLICIES AND PROCEDURES OF MILITARY DEPARTMENTS.— (1) Not later than March 1, 2005, the Secretaries of the military Deadline. Regulations. 10 USC 113 note.

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